Oregon Oregon Department of Education

Rule Rule 581-022-2020
Alternative Certificate


(1)

Definitions.

(a)

“Other services” for the purposes of this rule means:

(A)

Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(B)

Those services identified in OAR 581-022-2320 (Required Instructional Time)(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2)

A School district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma.
(3)(a) Each district school board or public charter school governing board with jurisdiction over high school programs shall define criteria for an alternative certificate and shall award an alternative certificate to those students who have met the criteria requirements as described in district school board policies.

(4)

A student shall have the opportunity to meet the requirements of an alternative certificate by the later of:

(a)

Four years after starting grade nine; or

(b)

The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(c)

A student may complete the requirements for an alternative certificate in less than four years if the parent/guardian or adult student gives consent.

(A)

The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for an alternative certificate.

(B)

A copy of all consents must be sent to the district superintendent.

(C)

Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction

(D)

The consent may not be used to allow a student to satisfy the requirements for an alternative certificate in less than three years.

(5)

A school district or public charter school shall:

(a)

Ensure that students have on-site access to the appropriate resources to achieve an alternative certificate at each high school in the school district or at the public charter school.

(b)

Beginning grade five, annually provide information to the parents or guardians of a student taking an alternate assessment of the availability of an alternative certificate and the requirements for the certificate.

(6)

Each student receiving an alternative certificate shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.
(7)(a) A student who receives an alternative certificate shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(b)

When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(c)

The total number of hours that are appropriate for a student shall be determined by the individualized education program (IEP) team if the student is eligible for special education.

(d)

Based on the student’s needs and performance level, the student’s IEP team may decide that the student will not access the total number of hours of instruction and services required to be provided to students who are attending a public high school.

(e)

The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student.

(f)

If a student’s IEP team, decides that the student will not access the total number of hours of instruction and services to which the student has access the school district or public charter school shall annually:

(A)

Provide the following information in writing to the adult student parent or guardian of the student:

(i)

The school district’s or public charter school’s duty to comply with the requirements to provide the total number of hours of instruction and services to the student; and

(ii)

The prohibition against a school district’s or public charter school’s unilaterally decreasing the total number of hours of instruction and services to which the student has access.

(B)

Obtain a signed acknowledgment from the adult student, parent or guardian of the student that the adult student, parent or guardian received the information.

(C)

Include in the IEP for the student a written statement that explains the reasons the student is not accessing the total number of hours of instruction and services to which the student has access.

(g)

Transition services or other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(h)

An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.
Source

Last accessed
Jun. 8, 2021